Designs

A Material Difference in Registered Designs

Earlier this month, we brought you news of an IPEC decision in which a design right holder suffered from a failure to properly consider how colour in design representations would affect the scope of a design. Now we bring news of a recent EUIPO appeal, which looked at the significance...

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Baby Blues for Shnuggle

In a judgment from the Intellectual Property and Enterprise Court (IPEC) handed down towards the end of 2019, baby baths became the latest product to highlight the importance of the type of images used when seeking to register a design. To the detriment of the design owner, Shnuggle, there was...

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UK Referral to CJEU on Unregistered Designs Could Have a Big Impact Post-Brexit

For many years, unregistered Community design (UCD) protection has offered designers a flexible and free form of protection for their designs across the European Union. However, European case law suggests that this right is only generated by disclosures that take place within the EU, but is judged for novelty against...

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How the Landscape for UK Design Rights is Changing as we Approach Brexit

Key Points: UK registered design filings almost double from 2016 to 2017 as applicants prepare for Brexit. Existing European registered design rights will likely be automatically converted to UK registered design rights after Brexit, but the UK government expects administrative steps to be required from the rights holder to secure...

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Designs – The Unsung Heroes of the IP World

Design protection is an often overlooked aspect of intellectual property. It is common to protect physical products via a patent, which may protect how the product is made or how it works, while trade mark protection may be used to protect the brand that may have been constructed around the product. Design rights have their place...

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